The Loss of Mutual Trust and Confidence Part II
– what does it mean for your employment documents?
So, you have gone to the trouble of making sure you have an
employment agreement with all of your employees, and you have
employment policies in place. That should mean that if you have a
problem with one of your employees, or you decide you need to
restructure your workforce, it should be easy, right?
Well, perhaps not.
Our previous blog discussed how the recent High Court decision
in the case of Barker removed the implied term of mutual trust and
confidence from Australian employment agreements. This can
significantly impact how businesses handle restructuring their
workforce or terminating employees. But now that the implied term
is gone, what does that actually mean for your employment
documentation?
